Legal Opinion

Mobley v. State

District Court of Appeal of Florida

Decided December 15, 2000No. 2D99-2880PublishedCited by 1 opinion

1Opinion of the Court

STRINGER, Judge.

Euryia Mobley challenges his conviction and sentence for robbery. He contends the trial court erred by refusing to strike a venire person for cause and further erred by denying his subsequent request for an additional peremptory challenge. We agree and remand for a new trial.

The competency of a juror presents a mixed question of law and fact, the resolution of which is within the trial court’s discretion and will not be disturbed on appeal without a showing of manifest error. See Smith v. State, 699 So.2d 629, 636 (Fla.1997); Wells v. State, 766 So.2d 1129 (Fla. 2d DCA 2000).…

2Cases cited3 opinions

  1. Trotter v. StateSupreme Court of Florida · 1990
  2. Bryant v. StateSupreme Court of Florida · 1995
  3. Wells v. StateDistrict Court of Appeal of Florida · 2000

3Cited by1 opinion

  1. Busby v. StateSupreme Court of Florida · 2005

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